SOSC 1350 Lecture Notes - Lecture 5: Line Of Actual Control, Due Process, Unlawful Combatant

• School: York University
• Department: Social Science
• Course: SOSC 1350
• Professor: Julie Dowsett

Document Summary

To determine if someone is innocent or guilty. Determine the truth and tell us the story. Should be public so we know what is happening. Functions as the truth binding and as a story. The story is important to get on record to know what happened. Let ppl know behind the crime: imp. Shafia trial: tooba mohammad yahya and mohammad shafia. Not a murder if it is self defense. When the treaty of the state interferes wit. Two paradigms: criminal law (law enforcement) and war. Criminal law: punishes for the guilt, killing is never legitimate. War paradigm: everything you do is justified, very restricted, uniform has to wear the uniform of the enemy, enemy vs. enemy . Each state can determine their political system. Principle of state sovereignty political self determination. Where to draw the lines: no uniforms" no base, different from traditional theatre of war. Guilt must be proven in a court of law.